AT v MR & Ors [2015] EWFC B1 (09 January 2015)

AT v MR & Ors [2015] EWFC B1 (09 January 2015)

The court found, on the balance of probabilities, that AT penetrated JT's vagina with his penis on a number of occasions and also digitally penetrated her on a number of occasions. The court rejected the conspiracy theory and found JT's core account compelling and truthful, despite errors in detail regarding time,...

Source-derived case information.

Citation
[2015] EWFC B1
Parties
Applicant/father: AT; Respondent/mother: MR; Child: JT; Child: NT; Child (not At's): TR
Jurisdiction
England and Wales
Judgment Date
09 January 2015
Procedural Posture
Family Law Child Contact/residence Application / Fact Finding Hearing and Determination of Allegations
Outcome
Findings of fact made that AT sexually abused JT; implications for contact to be determined after further argument.
Legal Topics
Child Sexual Abuse Allegations, Fact Finding Hearings, Contact and Residence Applications, Burden and Standard of Proof in Family Proceedings
Family Law Child Protection Child Sexual Abuse Allegations Fact Finding Hearings Contact and Residence Applications Burden and Standard of Proof in Family Proceedings

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Summary, issues, holding and outcome

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Parties

AT

Applicant/father

MR

Respondent/mother

JT

Child

NT

Child

TR

Child (not At's)

Procedural Posture

Family Law Child Contact/residence Application / Fact Finding Hearing and Determination of Allegations

  1. 1 Whether AT sexually abused his daughter JT
  2. 2 Whether contact between AT and his daughters should be re-established
  3. 3 Credibility and reliability of child witness evidence

Ratio Decidendi

The court found, on the balance of probabilities, that AT penetrated JT's vagina with his penis on a number of occasions and also digitally penetrated her on a number of occasions. The court rejected the conspiracy theory and found JT's core account compelling and truthful, despite errors in detail regarding time, place, and frequency.

Court Disposition

Findings of fact made that AT sexually abused JT; implications for contact to be determined after further argument.